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All Journal PROSIDING SEMINAR NASIONAL Jurnal Dinamika Hukum Jurnal Privat Law Jurnal Hukum dan Pembangunan Ekonomi Privat Law JURNAL PENDIDIKAN TAMBUSAI Kosmik Hukum JURNAL HUKUM dan KENOTARIATAN Jurnal Ilmu Kepolisian Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Cahaya Mandalika International Journal of Educational Research and Social Sciences (IJERSC) Jurnal Locus Penelitian dan Pengabdian Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) International Journal of Sustainability in Research (IJSR) Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Jurnal Medika: Medika Journal of Law and Legal Reform Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Indonesian Journal of Social Sciences and Humanities
Arief Suryono
Universitas Sebelas Maret
Aerospace Engineering Humanities Automotive Engineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Dentistry Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Medicine & Pharmacology Nursing Public Health Social Sciences Other

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Analisis Terhadap Ganti Kerugian Akibat Wanprestasi Dalam Perjanjian Utang Piutang (Studi Kasus Putusan Nomor 59/Pdt.G/2022/PN Mkd) Tsania Nurul Azkia; Arief Suryono
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 2 (2024): March: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i2.116

Abstract

Humans are essentially social creatures who need help from other people in meeting their daily needs, especially those related to economic problems. The economy is fundamentally related to agreements, as these agreements are created to ensure that both parties comply with and fulfill their obligations. However, in fact, currently there are still many default disputes due to debtor negligence so that the legal consequences are cancellation of previously agreed agreements, transfer of risk, as well as compensation for costs, losses and interest. Apart from that, resolving default disputes can also be done by filing a lawsuit by creditors in district court as in case number 59/Pdt.G/2022/PN Mkd. After going through considerations, the case was decided by the judge and granted in part because there was one of the arguments of the lawsuit which was not in accordance with positive law in Indonesia.
Analisis Flash Sale Berdasarkan Undang-Undang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat Oky Tiara Putri; Arief Suryono
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.228

Abstract

Today's electronic transactions are facilitated by the many Marketplaces and Online Shops that sellers and buyers can visit. Various platforms implement Flash Sales at certain moments as a form of promotion. In this case, forms of Predatory Pricing are found which include Unfair Business Competition in Predatory Pricing. The following research aims to examine and explain the Flash Sale method in Online Shops and its indications of unhealthy business competition. The following research was carried out using descriptive qualitative methods using a normative juridical approach by analyzing phenomena that exist in real conditions with statutory regulations simultaneously. Based on the analysis results, it is known that not all Flash Sale Programs provide prices far below production. However, the implementation of flash sales which drastically reduce prices is a clear indication of unhealthy business competition. Considering the drop in prices posted on the Flash Sale can reach 80% of the original market price. Based on the results of analysis using the Price-Cost Test, massive discounts by E-Commerce are a form of Predatory Pricing.
Legal Certainty Of The Rights Of Children Born Out Of Wedlock To Their Biological Fathers Wahyu Fitria, Nabila; Suryono, Arief; Saptanti, Noor
International Journal of Educational Research & Social Sciences Vol. 5 No. 1 (2024): February 2024 ( Indonesia - Malaysia )
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i1.772

Abstract

Children are both a divine gift and a solemn duty bestowed by the Supreme Being. Law Number 1 of 1974, which has been amended by Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning marriage, distinguishes between two categories of child status. Article 2 pertains to legitimate children, while Article 43 addresses children born out of wedlock. Illegitimate children are commonly used to refer to children born outside of marriage in a broader context. They are born due to a extramarital relationship between a woman and a man. The relationship between the two is biological, without legal recognition, such as a marriage officially registered by the state. Facing issues surrounding the existence of illegitimate children, According to Article 43 of Law Number 1 of 1974, which has been amended by Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning marriage, it is stated that individuals do not possess a formal legal bond with their biological father. The impact is that they do not receive financial security, education, or inheritance rights. In addition, society tends to assess children born out of marriage negatively, considering them different from legitimate children. If the child is legally recognized as illegitimate, then the family relationship is civilly terminated; for the child, they are only bound to his mother. This situation causes discrimination against the legal entitlements of children born out of wedlock. This article explores legal clarity on the rights of children born from extramarital partnerships. The author uses a normative methodological approach in this research, utilizing secondary data and data collection strategies such as document studies, theoretical ideas, and existing principles. Data analysis in this research involves deductive analysis using a statutory approach and conceptual framework.
Legal Consequences of Marriage Agreement that is Made After The Marriage Exists for Husband and Wife Who Have Debts Ade Izdihar, Raihan; Harahap, Burhanudin; Suryono, Arief
International Journal of Educational Research & Social Sciences Vol. 5 No. 1 (2024): February 2024 ( Indonesia - Malaysia )
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i1.775

Abstract

Marriage is a physical and mental bond between a man and a woman, hereinafter referred to as husband and wife. In marriage, there are married couples who make a marriage agreement. The Constitutional Court issued Constitutional Court Decision Number 69/PUU-XIII/2015 which states that a marriage agreement can now be made after a marriage has taken place. Debt arising in a marriage is very possible, this can be done by both husband and wife. The result of this research is that liability cannot be asked of the husband and wife if the husband or wife does not first agree to a credit agreement with collateral for joint property. This type of research is normative research that uses a statutory approach and uses primary legal sources and secondary legal materials. The legal material analysis technique used is qualitative analysis, namely discussing the legal material that has been obtained by referring to the existing theoretical basis.
Legal Consequences Due to the Vacancy of Notary Maatschap Implementation Regulation Vania Syane Gunawan, Irish; Suryono, Arief; Mulyoto, Mulyoto
International Journal of Educational Research & Social Sciences Vol. 5 No. 1 (2024): February 2024 ( Indonesia - Malaysia )
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i1.776

Abstract

This study aims to analyze: a) the concept of Notary maatschap in Law No. 30 of 2004 concerning the Position of Notary jo Law No. 2 of 2014 concerning the Position of Notary and also according to article 1618 of the Civil Code; b) knowing the legal consequences of the deletion of paragraph (3) of Article 20 of Law No. 2 of 2014 concerning the Position of Notary; c) knowing the basis for the implementation of the Notary maatschap.This research uses normative legal research methods and prescriptive analysis with a statute approach. The legal materials used are primary legal materials and secondary legal materials. The data collection techniques used are literature study, data analysis, description, construction, argumentation, and systematization techniques. The results of this study show that the first regulation Implementation in UUJN is no longer valid based on the principle of lex posterior derogat legi priori. So, the Notary Civil Partnership is based on the Civil Code and Article 20 of the UUJN. However, the provisions of the Civil Partnership of the Civil Code are not relevant if used by the Notary Maatschap. In the absence of clear regulations, the independence of Notary in working is limited because they have to collaborate with allied partners. This impacts the structural, functional, and financial independence of Notaries who previously worked independently. This includes maintaining the confidentiality of deeds. These two Notary Maatschap give rise to multiple interpretations and legal uncertainty, which can then lead to a violation of the Notary's oath of office, so the provisions of Article 20 of UUJN-P should be revoked.
Comparison of the Principle of Freedom of Contract in Land Buying and Selling Between Indonesia and Malaysia Salsabila, Erdhyna‘Afifah; Suwadi, Pujiyono; Suryono, Arief
International Journal of Educational Research & Social Sciences Vol. 5 No. 1 (2024): February 2024 ( Indonesia - Malaysia )
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i1.780

Abstract

The transfer of land rights can occur through buying and selling, inheritance, gifting, or exchanging. The process of transferring rights, especially through buying and selling, according to the National Land Law in Indonesia, differs from other countries, such as Malaysia, because Indonesia fundamentally has a different concept of land law compared to Malaysia. The aim of this research is to analyze the comparison of the principle of freedom of contract in land buying and selling between Indonesia and Malaysia. This study employs normative legal research that examines the legal system. Systematic legal research is conducted on written laws or regulations related to the chosen topic. The author uses primary and secondary legal materials. The research results indicate that land buying and selling in Indonesia and Malaysia are in line with and not contrary to the principle of freedom of contract. This is because if an agreement meets the valid requirements, meaning it is made with the agreement of the involved parties, the subject of the agreement is capable of entering into an agreement, the object is clear, and the cause is not prohibited.
Legal Validity Of Power Of Attorney To Sell Which Is Preceded By A Sale And Purchase Binding Agreement On The Transfer Of Land Rights (Sales And Purchases) Aulia Rahma, Anisa; Suryono, Arief; Saptanti, Noor
International Journal of Educational Research & Social Sciences Vol. 5 No. 2 (2024): April 2024 ( Indonesia - Kenya - Libya )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i2.792

Abstract

This research aims to examine and analyze the legal validity of the Power of Attorney to Sell, which is preceded by a Sale and Purchase Binding Agreement, in the implementation of the Deed of Sale and Purchase if the person giving the power of attorney dies. This research uses normative research methods, is perspective-based, uses a statue approach and a conceptual approach conceptual approach, and the types and sources of data used are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques are carried out through literature studies and interviews, and qualitative data analysis techniques are used. The results of this research show that the legal validity of the Power of Attorney to Sell, which is preceded by a Sale and Purchase Binding Agreement, in the implementation of the Sale and Purchase Deed if the person giving the power of attorney dies is still valid and legal, so that the buyer has legal certainty to carry out the Transfer of Land Rights with reference to the Deed of Sale and Purchase Agreement and Power of Sale. The power of attorney to sell given by the seller to the buyer is a power of attorney that cannot be withdrawn or terminated for any reason. So if all the requirements have been fulfilled, then the process of making a sale and purchase deed can be continued before the PPAT, and transferring the name of the certificate at the land office should proceed as it should even if the person giving the power of attorney (the seller) dies.
Legal Efforts Related to Legal Protection Againts Book Piracy Through Marketplace Rizkina, Silfi; Suryono, Arief
International Journal of Educational Research & Social Sciences Vol. 5 No. 3 (2024): June 2024 ( Indonesia - Ethiорiа - Nigeria )
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v5i3.830

Abstract

In Law No. 28 0f 2014 an Copyright it is confirmed that an act is considered copyright infringement if it violates the exclusive right of the creator to publish or reproduce and to grant permission or prohibit others who without his consent make, reproduce, or broadcast his copyrighted work.  The online marketplace is classified as an Electronic Trading System Operator. The research conducted uses normative legal research. The type of research used in this research is descriptive. The result of this research is that the Marketplace is responsible for prohibiting all sales and duplication of goods resulting from copyright infringement in the trading place it manages. Any marketplace manager is obliged to act in cracking down on novel piracy so as not to lose trust. If the marketplace is unable to overcome it, then it is time for repressive legal protection to take over to solve it.
ASURANSI KESEHATAN BERDASARKAN UNDANG-UNDANG NOMOR 3 TAHUN 1992 Suryono, Arief
Jurnal Dinamika Hukum Vol 9, No 3 (2009)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2009.9.3.232

Abstract

Health insurance according to the Law No. 3/1992 obout the social employment guarantee which consist of responsiver and the addressee and health service provider is the health social insurance which is aimed to give the health care guarantee toward the addressee that is enterprenaur and worker.  The law relationship which is consisted between: Responssiver-Addressee is the insurance relationship; Responssiver-Health services provider is the user of health service belong to the health service provider toward to the addressee; Health services provider-Addressee is gives the health service to the addresse is patient.  The responsibility of the responssiver toward the addressee is to give the health care insurance to the addressee gives the health service provider for the importance of the addressee. Kata Kunci:  Asuransi Kesehatan
Analysis of the Impact of the Formation of a Holding Company for Private Insurance Companies in Indonesia Hutama P, M. Bagas; Suryono, Arief
International Journal of Sustainability in Research Vol. 2 No. 3 (2024): May 2024
Publisher : MultiTech Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59890/ijsr.v2i3.1920

Abstract

BUMN holding, including BUMN holding in the insurance and guarantee sector, is a form of corporate restructuring to improve company performance through the consolidation of several BUMNs. Holding in the insurance and guarantee sector was formed based on Government Regulation Number 20 of 2020 concerning Additional State Capital Participation in the Share Capital of the Company PT Bahana Pembinaan Usaha Indonesia which stipulates PT Bahana Pembinaan Usaha Indonesia as the holding company. The problem in this research is how the legal regulation of BUMN holding in the insurance and guarantee sector is in the national legal system in Indonesia and what are the responsibilities of BUMN holding in the insurance and guarantee sector towards its subsidiaries. Based on the research results, it can be seen that the background to the establishment of BUMN holding in the insurance and guarantee sector is based on juridical factors, namely in Law Number 19 of 2003 concerning State-Owned Enterprises, Law Number 40 of 2007 concerning Limited Liability Companies, and Government Regulation Number 20 of 2020 concerning Additional State Capital Participation in the Share Capital of the Limited Liability Company PT Bahana Pembinaan Usaha Indonesia.
Co-Authors Ade Izdihar, Raihan Adi Sulistiyono Adiartha, Aviyado Surya Adisty Ananda Putri Afrianarko, Fairuz Ahmad Jaeni Al Sentot Sudarwanto Albertus Sentot Sudarwanto, Albertus Sentot Alya Para Mestri Amalia, Putri Nur Anom Dwi Prakoso Ardian, Kukuh Asna Zamharira Asya, Jasran Aulia Rahma, Anisa Ayu Sholihah, Zuliana Burhanudin Harahap Citra Amira Zolecha Citra Hafshah Maharani Desi, Puspita Trimulya Dewayanti, Irma Dian Lukita Sari Diana Tantri Cahyaningsih Didik Gunawan Tamtomo Didik Tamtomo, Didik Dina Fiddaniah Dinda Bertha Ivana Dona Budi Kharisma, Dona Budi Dono Indarto Endang Sutisna Sulaeman Faizal T.A., Muhammad Fernandes, Acacio Fitia Maulidia Rahma Fitriandi, Fitriandi Gusti Ayu Utami Hanifah Romadhoni Hanifah Romadhoni, Hanifah Hari Purwadi Hari Purwadi, Hari Hartono Putri, Earline Gracella Haryanto, Nanda Dwi Hasna Nailah Yustisiana Himawan, Hartani Hutama P, M. Bagas Indriyati Oktaviano Rahayuningrum Isharyanto Isharyanto ITOK DWI KURNIAWAN Ivana, Dinda Bertha Jamal Wiwoho Juan, Christopher Khotimah, Allifah Khusnul Kinanti, Alya Putri Laksono Trisnantoro Linda Widyaningrum, Linda LINDAWATI M. Hudi Asrori S Makbul, A. Makbul, Ahmad Meiliana, Brigita Cindy Monicha, Defi Muhammad Haikal Arsya Muliani, Candra Wiwit Mulyoto mulyoto Mustika Larasati Nanda Dwi Haryanto Oky Tiara Putri Pratiwi, Arinda Dyah Pratiwi, Danies Tunjung Pujiyono Pujiyono Purbokusumo, Muhammad Bagas Hutama Putra, Bayu Setiawan Hendri Putri Hasan, Naomi Adinda Putri, Adisty Ananda Raharjo, Prasetyo Rahayuningrum, Indriyati Oktaviano Ramadhani, Luthfiyyah Pahlevi Ridho, M Ghusni Rizkina, Silfi Robby Saprilla Manu Pratama Putra Rosita Tryas Fitriana Safira El Ulya Wahid Salsabila, Erdhyna‘Afifah Saptanti, Noor Sari, Silvi Triadita Sediyo, Panggih Sezia Nur Aini, Mutia Siallagan, Sahat Poltak Siti Aminah Siti Marfuah, Siti Siti Muslimah Suhadi Suhadi suraji suraji Susilo, Lukman Endro suwadi, pujiyono Tsania Nurul Azkia Tuhana Tuhana Vania Syane Gunawan, Irish Vita Dyah Mandasari Wahyu Fitria, Nabila Wanda Yunitha Purba, Agata Wariyanti, Astri Sri Yatmi Nengsih Yelina Rachma Pranamawati Yudho Taruno Muryanto Zamharira, Asna